President Donald Trump can mobilize the California National Guard to protect federal personnel and property while enforcing immigration laws in Los Angeles, a federal appeals court ruled Thursday in a setback for Gov. Gavin Newsom who has opposed using the troops in response to protests that rocked the city last week.
Newsom had sued to block the Trump administration from calling in the National Guard, demanding they “return control of the California National Guard to Governor Newsom.” A federal trial court June 12 upheld a temporary restraining order sought by the governor.
But after hearing arguments Tuesday, a three-judge panel of the Ninth Circuit U.S. Court of Appeals granted the Trump administration an emergency order for a stay of that lower court ruling on grounds that they “made the required strong showing that they are likely to succeed on the merits of their appeal.”
The appellate judges noted that they disagreed with the Trump administration’s argument earlier this week that “the President’s decision to federalize members of the California National Guard … is completely insulated from judicial review.”
“Nonetheless,” the appellate panel continued, “we are persuaded that, under longstanding precedent … it is likely that the President lawfully exercised his statutory authority … which authorizes federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States.'”
California Attorney General Rob Bonta in a statement Thursday evening said that “while it is disappointing that our temporary restraining order has been stayed pending the federal government’s appeal, this case is far from over.”
“The Trump Administration far overreached its authority with its unprecedented and unlawful federalization of the California National Guard and deployment of military troops into our communities,” Bonta said. “While the court did not provide immediate relief for Angelenos today, we remain confident in our arguments and will continue the fight.”
Newsom said Thursday that “the court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court.”
“The President is not a king and is not above the law,” Newsom said. “We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
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